American Federation of Government Employees, AFL-CIO, Local 2578 and General Services Administration, National Archives and Records Service

 



[ v03 p109 ]
03:0109(16)NG
The decision of the Authority follows:


 3 FLRA No. 16
 
                              APRIL 28, 1980
 Mr. Phillip R. Kete
 Special Representative, AFGE 2578
 Gaffney, Anspach, Schember, Klimaski
 and Marks
 1712 N Street, N.W.
 Washington, D.C.  20036
 
                  Re:  American Federation of Government
                         Employees, Afl-cio, Local 2578 and
                         General Services Administration,
                         National Archives and Records Service,
                         Case No. 0-NG-163
 
 DEAR MR. KETE:
 
    THIS REFERS TO YOUR PETITION FOR REVIEW OF A NEGOTIABILITY ISSUE IN
 THE ABOVE-ENTITLED CASE, DATED SEPTEMBER 12, 1979, ON BEHALF OF THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2578.
 
    FOR THE REASONS INDICATED BELOW, YOUR PETITION DOES NOT MEET THE
 CONDITIONS FOR REVIEW ESTABLISHED IN THE AUTHORITY'S REGULATIONS, AND,
 THEREFORE, THE APPEAL MUST BE DISMISSED.
 
    THE UNION'S ORIGINAL PROPOSAL, REJECTED BY THE AGENCY AS NOT WITHIN
 ITS DUTY TO BARGAIN IN GOOD FAITH, WAS AS FOLLOWS:
 
    EXCEPT AS OTHERWISE REQUIRED BY LAW OR EXECUTIVE ORDER, OR AS MAY BE
 REQUIRED BY THE
 
    TECHNOLOGY OF CERTAIN ARCHIVAL WORK, THE TEMPERATURES IN ALL WORK
 AREAS WILL BE KEPT WITHIN
 
    THE RANGE OF 68 DEGREES AND 75 DEGREES AND THE RELATIVE HUMIDITY WILL
 BE KEPT IN THE RANGE OF
 
    40 PERCENT AND 50 PERCENT.
 
    THE AGENCY'S ALLEGATION OF NONNEGOTIABILITY, BASED PRINCIPALLY ON ITS
 VIEW THAT THE ABOVE PROPOSAL IS CONTRARY TO GOVERNMENT-WIDE REGULATIONS,
 I.E., STANDBY CONSERVATION PLAN NO. 2, EMERGENCY BUILDING TEMPERATURE
 RESTRICTIONS (44 FED.REG. 39354 ET SEG.  (1979)), WAS APPEALED TO THE
 AUTHORITY.  SUBSEQUENTLY, IN RESPONSE TO THE AGENCY'S STATEMENT OF
 POSITION, YOU SUBMITTED A BRIEF WHICH INCLUDED A REVISION OF THE
 ORIGINAL UNION PROPOSAL.  THE REVISED PROPOSAL INCLUDED THE PHRASE "OR
 BINDING GOVERNMENT-WIDE REGULATION" AMONG THOSE AUTHORITIES WHICH WOULD
 PERMIT MANAGEMENT TO DEVIATE FROM THE TEMPERATURE AND HUMIDITY RANGES
 PRESCRIBED IN THE PROPOSAL.  /1/
 
    SECTION 2424.1 OF THE AUTHORITY'S RULES AND REGULATIONS (45 FED.REG.
 3511, 3512), PERTAINING TO PETITIONS FOR REVIEW OF NEGOTIABILITY ISSUES,
 PROVIDES, IN PART:
 
    THE AUTHORITY WILL CONSIDER A NEGOTIABILITY ISSUE UNDER THE
 CONDITIONS PRESCRIBED BY 5
 
    U.S.C. 7117(B) AND (C), NAMELY:  IF AN AGENCY INVOLVED IN COLLECTIVE
 BARGAINING WITH AN
 
    EXCLUSIVE REPRESENTATIVE ALLEGES THAT THE DUTY TO BARGAIN IN GOOD
 FAITH DOES NOT EXTEND TO ANY
 
    MATTER PROPOSED TO BE BARGAINED BECAUSE, AS PROPOSED, THE MATTER IS
 INCONSISTENT WITH LAW,
 
    RULE OR REGULATION, THE EXCLUSIVE REPRESENTATIVE MAY APPEAL THE
 ALLEGATION TO THE AUTHORITY